Understanding Disability Access Rights in NSW

For renters in New South Wales, understanding your rights regarding disability access can ensure you live comfortably and with dignity. Whether you're dealing with accessibility issues or require reasonable adjustments, it's essential to know what you can request from your landlord and how to ensure your home meets your needs.

What Are Reasonable Adjustments?

Reasonable adjustments are modifications made between you and your landlord to ensure your living environment accommodates your disability. These can range from simple changes such as adding handrails to more substantial modifications like installing ramps.

Your Legal Rights Under New South Wales Law

In New South Wales, the Residential Tenancies Act 2010 governs the rights and responsibilities of both renters and landlords. Under this Act, landlords are required to consider and where possible, accommodate reasonable requests for adjustments.

Federal law also plays a role, particularly the Fair Trading Act 1987, which provides broader protection against discrimination for renters with disabilities.

How to Request Disability Access Adjustments

When you identify necessary adjustments, communicate with your landlord or property manager. It's recommended to put these requests in writing, clearly explaining your needs and how they can be accommodated.

For instance, if you require a ramp for wheelchair access, detail this requirement in your communication. Your landlord has a duty to consider your request and propose feasible solutions.

What If Your Request Is Denied?

If a landlord denies your request for disability access or adjustments, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for dispute resolution. NCAT can assess whether the requested adjustments are reasonable and issue an order if necessary.

Related Forms and Actions

If you plan to apply to NCAT, you'll need the Tenancy Application Form. This form should be filled out and submitted to contest decisions or seek resolutions regarding tenancy issues.

Reasonable adjustment requests—like most renting issues—must be navigated with due process, emphasizing clear communication and legal adherence.

1. What constitutes reasonable adjustments in NSW? Reasonable adjustments are modifications to make a property accessible for renters with disabilities. This includes structural changes like ramps or accessible bathrooms.
2. How should I communicate my need for adjustments? Send a written request to your landlord detailing the needed modifications and why they are necessary for your accessibility.
3. Who can assist if my request is denied? NCAT is the appropriate tribunal where you can dispute a denial and seek a resolution regarding rental adjustments.

1. How to request a reasonable adjustment in NSW
   1. Identify the necessary adjustment: Determine what specific change you need to accommodate your disability.
   2. Put your request in writing: Prepare a formal request, outlining the adjustments needed and how they will help.
   3. Submit to the landlord: Send your request to your landlord or property manager and keep a record of the communication.
   4. Seek legal support if needed: If your request is denied, consider applying to NCAT for a review.

Need Help? Resources for Renters

For assistance, reach out to these services:

• Tenants' Union of NSW - Offers advice and support for tenants.
• Energy & Water Ombudsman NSW - Assists with utility-related adjustments.
• NSW Revenue - Provides information on rental bond lodgment and disputes.

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